• Changes in 7/12 and ferfar

Dear Lawyer

X entered into sale deed with Y for 2 properties ( plots ) admeasuring 500 sqm and 600 sqm which were in the same survey no and pertaining to same 7/12. Also X was holding some land in that survey no.
While 7/12 effect was to be given to this transaction, both the properties i.e. 500 sqm and 600 sqm was shown in front of name of X and a ferfar was shown, However , in the ferfar only 500 Sqm entry was made and 600 was not shown due to oversight or mistake of Talathi and circle officer.

My question here is,
1. who has legal powers to correct the said mistake? is it Talathi or Circle or Tehsildar?
2. If it is to be corrected, will there be new ferfar for the same? and who will approve it?
3. I have heard that in such cases RTS appeal has to be done, Is it true?
Asked 8 years ago in Property Law
Religion: Hindu

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2 Answers

entries in the revenue records or mutation entries do not confer any title to the property. It is only an entry for the purpose of collection of land revenue from the person in possession and that revenue authority has no jurisdiction to decide the disputed qustion of title

2)revenue authorities while dealing with RTS proceedings had no jurisdiction and/or authority to decide the question of title and if there is any dispute with regard to title the parties are to be relegated to the Civil Court. As held by the Hon'ble Supreme Court in the case of STate of GUjarat VS. Patel Raghav Natha - AIR 1969 SC Page 1297 and judgment of this Court in the case of Ratilal Chunilal Solanki & Ors. Vs. Shantilal Chunilal Solanki - 1996(2) GLR 525 and Siddharth B. Shah vs. State of Gujarat, reported in 1999(3) GLR Page 2527, the revenue authorities cannot decide the disputed question of title to the property and they have to merely go by the documents produced before them.

3)if there is mistake in showing 600 sq mm entry due to oversight of talathi file an RTS appeal before thesub divisional officer

4)ection 247 provides for an appeal and the appellate authorities which reads thus :

"247.Appeal and appellate authorities :- (1) In the absence of any express provisions of this Code, or of any law for the time being in force to the contrary, an appeal shall lie from any decisoin or order passed by a revenue or survey officer specified in column l of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision of order of the officer specified in column l of the said Schedule: Provided that, in no case the number of appeals shall exceed two.

(2)When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has passed the decision or order appealed against, the appeal should lie to such other officer competent to decide the appeal to whom it may be transferred under the provisions of this Code."

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The authority which has power to transfer the revenue records can very well rectify this patent error by making an authentic endorsement to this effect in all the related revenue records.

2. You have to see what went wrong and how this error can be rectified. It the mutation in the other part of the property of the same survey number was not mutated as per the registered sale deed, then that particular error has to be rectified by application of law and procedures in this regard.

3. If an application before the concerned authorities do not get any positive response or do not yield any fruit or desired result, you may prefer an appeal agaisnt their decision to the next higher appellate authority

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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